Waddell v. City of Atlanta

Felton, Chief Judge.

1. In a joint and several tort action against several defendants the judgment sustaining special demurrers filed by one of the defendants with leave to amend is not reviewable by this court. Code Ann. § 81-1001 and cases cited under catchword “Demurrers.”

2. In such an action the judgment sustaining special demurrers of another defendant, the grounds of which were multifariousness and misjoinder of parties defendant, is not a final judgment reviewable by this court. In such a case the plaintiff has an election (1) by amendment to strike such causes of *104action and parties…